Terms & Conditions

PharmaC Mobile Application: Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE APP.

Central Circle Co. owns 100% ownership of Pharma.C Division https://www.centralcircleco.com/divisions/index/33

These terms and conditions of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or the “User”, “Users”) and The PharmaC Company Company W.L.L (“The PharmaC Company”) and its affiliates (together with The PharmaC Company, “us,” “we” or “our”), concerning your access to and use of the PharmaC mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “App”).

By using the App, you acknowledge that you have read these terms and conditions of use and any other policies implemented and updated on the App from time to time (collectively the “Terms and Conditions”) and you agree to be bound by them without limitation or qualification. If you do not agree to these the Terms and Conditions, you do not have our consent to use the App and should exit the App immediately. The PharmaC Company reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time with or without notice. Therefore, we suggest that you review these terms periodically for changes. By using our App after we have posted changes to the Terms and Conditions, you are agreeing to be bound by the terms as amended.

All Users who are minors must have the permission of, and be directly supervised by, their parent or guardian to use the App.

I.               Disclaimer

NOTHING CONTAINED IN THE APP CONSTITUTES MEDICAL, CLINICAL OR LEGAL ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE APP CONSTITUTES A SPONSORSHIP OR ENDORSEMENT BY THE PHARMAC COMPANY. DECISIONS BASED ON INFORMATION CONTAINED ON THE APP ARE THE SOLE RESPONSIBILITY OF THE USER AND AS CONSIDERATION FOR ACCESS TO THE APP, YOU AGREE TO HOLD THE PHARMAC COMPANY AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

THE INFORMATION IN THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PHARMAC COMPANY AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION CONTAINED OR OFFERED ON THE APP.  YOU ACKNOWLEDGE THAT THE APP MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES WILL THE PHARMAC COMPANY BE HELD LIABLE OR HOLD ANY RESPONSIIBLITY FOR THE QUALITY OF THE GOODS SUPPLIED THROUGH THE APP, SUPPLY OF ANY EXPIRED GOODS OR OTHERWISE CONTRARY TO THE MANUFACTURER’S SPECIFICATIONS. THE PHARMAC COMPANY’S MAXIMUM LIABILITY TO USERS, WHATEVER THE CAUSE, IS SPECIFICALLY LIMITED TO THE PURCHASE PRICE OF THE GOODS AFFECTED.

II.              Terms of Use

The use of the App is subject to the following terms of use:

a.     The content of the pages of this App is for your general information and use only and is subject to change without notice.

b.     The PharmaC Company reserves the right to change, suspend, discontinue or restrict access to the App without notice or liability, whether or not in the event of a visitor breaching these terms and conditions.  In the event of suspension or termination that is resultant of your violation or breach of our Terms and Conditions, the relevant visitor must not attempt to gain further access.

c.     This App contains material which is owned by or licensed to us.  Reproduction is strictly prohibited.

d.     Unauthorized use of this App or misuse of any content provided herein may give rise to a claim for damages and/or be a criminal offence.

e.     You must not act in a way, use or introduce anything (including any virus, worm Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises or may compromise the App or any underlying system, or otherwise attempt to damage  or interfere with our App or any underlying system.

f.      It is understood that you are deemed, by way of acceptance to these terms of use, to indemnify us against all losses suffered or incurred by us, resulting from direct or indirect failure to comply with these terms of use, including any failure of a person who accesses and uses this App.

g.     From time to time this App may also include links or banner advertisement to other websites, these links are provided for advertising and marketing purposes and they do not signify that we endorse such websites. We have no responsibility for the content of the linked websites.

III.             Restriction on Use

Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the App are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by The PharmaC Company or The PharmaC Company’s affiliates or have been obtained with the prior written consent from the owners of the copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property (“Licensors”).  No material from the App (in whole or in part) may be copied, reproduced, republished, uploaded, posted, transmitted, licensed, altered, framed, stored for subsequent use or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the App, including, without limitation, any text, images, audio and video, for public or commercial purposes without The PharmaC Company’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of The PharmaC Company and/or its affiliates or its Licensors. Neither The PharmaC Company nor any of its affiliates will treat Users of this App as its clients, customers, partners or agents by virtue of their accessing this App.

IV.            User Representations

By using the App, you represent and warrant that: (1) all registration information (including delivery address and payment details) you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you will not use the App for any illegal or unauthorized purpose; and (5) your use of the App will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).

V.              User Registration

You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a name you select if we determine, in our sole discretion, that such name is inappropriate, obscene, or otherwise objectionable.

VI.            Payment and Delivery

Payments

All payments required on the App will be processed through a third party payment platform. 

Delivery

All deliveries will be made via third party delivery services, which will constitute receiving orders on the App that will be linked to a third party delivery system. Users shall be held solely responsible for ensuring information provided is correct and accurate and shall accept all legal responsibilities arising from ordering to an address where he/she does not exist.

Users will be responsible for and bear all costs and charges for the third party delivery services.

In cases where a delivery attempt is not successful, the relevant order will be returned due to customer unavailability and a new order must be requested.

The customer agrees that the third party delivery service provider shall be entitled to commission in the event of any cancellation order by the customer where third party personnel have already arrived at the customer’s designated location to pick up the order and at that time, the customer cancels (for whatever reasons).

VII.           Cancellation

You have the right to cancel an order up to 5 minutes from placing the order by calling the dedicated PharmaC customer care line.  Cancellations will be processed strictly subject to our discretion.  In any case, cancellations will not be processed where the order has been dispatched.

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
An order may be subsequently cancelled by us after you have received a confirmation that it is being processed. We reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

VIII.         Jurisdictional Issues

The App is controlled and operated by The PharmaC Company from its offices within the state of Kuwait. Neither The PharmaC Company nor any of its affiliates makes any representation that materials in or accessible through the App are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the App from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. 

IX.            Mobile Application License

Use License

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; and (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.

X.              Links to Third Party Websites, Apps and Content

The App may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as advertisements, marketing material, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the App or relating to any applications you use or install from the App. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

XI.            Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the App, such as sidebar advertisements or banner advertisements. All advertisers shall take full responsibility for any advertisements you place on the App and products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.  

XII.           Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PHARMAC COMPANy AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PHARMAC COMPANY OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE APP, EVEN IF THE PHARMAC COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF THE PHARMAC COMPANY AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP.

XIII.         Indemnification

You agree that you will not use this App for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend and hold harmless The PharmaC Company and its affiliates from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these terms and conditions, and/or (ii) your posting or use of materials on this App.

XIV.         Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content saved, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

XV.          Waiver

No waiver by The PharmaC Company or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.

XVI.         Governing Law and Consent to Jurisdiction